Lycatel [Ireland] Ltd -v- Companies Acts [2009] IEHC 264 (13 May 2009)

Lycatel [Ireland] Ltd -v- Companies Acts [2009] IEHC 264 (13 May 2009)

Order 74, rule 18 permits substitution of a petitioner regardless of whether the petition has been advertised; Cronosell, as a creditor with a right to present a petition, has standing to be substituted as petitioner.

Citation
[2009] IEHC 264
Parties
Original Petitioner: Wavecrest (U.K.) Limited; Respondent Company: Lycatel (Ireland) Limited; Substituted Petitioner: Cronosell Telecom Limited
Jurisdiction
Ireland
Judgment Date
13 May 2009
Procedural Posture
Company Winding Up Petition / Application for Substitution of Petitioner
Outcome
application granted
Legal Topics
Compulsory Winding Up, Creditor Substitution, Advertisement of Petition, Locus Standi
Company Law Insolvency Compulsory Winding Up Creditor Substitution Advertisement of Petition Locus Standi

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Parties

Wavecrest (U.K.) Limited

Original Petitioner

Lycatel (Ireland) Limited

Respondent Company

Cronosell Telecom Limited

Substituted Petitioner

Procedural Posture

Company Winding Up Petition / Application for Substitution of Petitioner

Legal Issues

  1. 1 Whether Cronosell Telecom Limited has locus standi to be substituted as petitioner under Order 74, rule 18
  2. 2 Whether advertisement of the petition is a prerequisite for substitution under Order 74, rule 18
  3. 3 Whether Wavecrest had locus standi to oppose substitution

Ratio Decidendi

Order 74, rule 18 permits substitution of a petitioner regardless of whether the petition has been advertised; Cronosell, as a creditor with a right to present a petition, has standing to be substituted as petitioner.

Court Disposition

application granted

Orders

  • Cronosell Telecom Limited substituted as petitioner
  • Petition to be amended to identify Cronosell and its solicitors, state grounds for petitioning, and identify jurisdiction as centre of main interest